The United Nations (UN) was established to maintain international peace and security, foster friendly relations among states, and promote respect for human rights and fundamental freedoms.
The protection of human rights is a cornerstone of international law and an essential element of a just society.

Human rights violations — including arbitrary arrests, torture, discrimination, and political persecution — undermine fundamental freedoms, destabilize societies, and contribute to social unrest.
A delayed or ineffective response to such violations leads to further deterioration of the rule of law and loss of civil liberties.
Human rights lawyers emphasize the critical importance of prompt recourse to international mechanisms to protect rights and restore justice.

International Protection of Human Rights: Key Mechanisms and Principles

Successful human rights protection at the international level requires a clear understanding of available procedures and highly qualified legal preparation.
International human rights lawyers specializing in international proceedings assist clients in selecting the correct mechanism and preparing effective complaints.

Key mechanisms for filing a complaint:

Where to File a Complaint in Case of Human Rights Violations

1. UN Human Rights Council Complaint Procedure

Allows individuals and non-governmental organizations to submit confidential complaints against a UN member state.
Main requirements:

• Exhaustion of all available domestic remedies;
  
• No parallel examination by another international body;
  
• Reliable evidence of the alleged violations;
  
• Absence of political motivation.
  

2. UN Special Procedures

The network of Special Rapporteurs and Working Groups addresses complaints through urgent appeals or allegation letters.
An international humanitarian lawyer can provide timely assistance when urgent protection is necessary without waiting for domestic remedies.

3. UN Treaty Bodies

Individual complaints to treaty bodies are possible if the state has ratified the relevant international treaty and accepted the competence of the treaty body.

A lawyer at the European Court of Human Rights would also assess whether domestic remedies have been properly exhausted, a fundamental criterion both for UN bodies and for proceedings before the European Court.

Comparative Table of International Human Rights Protection Mechanisms

Types of Violations Eligible for International Complaints

International complaint mechanisms cover a broad range of human rights violations, including:

• Arbitrary detention or arrest;
  
• Torture or cruel, inhuman, or degrading treatment;
  
• Deprivation of nationality;
  
• Racial or ethnic segregation;
  
• Political persecution;
  
• Inhumane conditions of detention;
  
• Violations of minority rights;
  
• Systematic violations of civil, political, economic, social, and cultural rights.
  

Many cases handled by European Court of Human Rights lawyers and international defense lawyers involve these categories of violations.

How to Properly Prepare a Complaint

Effective preparation of a complaint requires compliance with the following principles:

1. Collection of Evidence

Documentary proof such as court decisions, medical reports, and witness testimonies is essential.
Human rights lawyer United Nations experts emphasize the importance of presenting verifiable and structured evidence.

2. Structuring the Complaint

The complaint must clearly articulate the factual background, legal arguments, and requested remedies, supported by international legal standards.
If you are wondering how to find a human rights lawyer for such tasks, it is important to choose professionals with proven experience in international proceedings.

3. Choosing the Appropriate Body

Correctly selecting the forum is critical. A collegium of international lawyers can advise on the best choice based on the specifics of each case.

4. Compliance with Procedural Requirements

Each mechanism has strict procedural standards, including submission deadlines and language requirements.

Required Documents for Filing a Complaint

Urgent Applications to the ECHR: How Rule 39 Protects Those at Immediate Risk

Following the submission of an individual complaint to the European Court of Human Rights (ECHR), there are cases where immediate protection is essential. For such situations, the Court provides a mechanism for urgent intervention — Rule 39 of the Rules of Court, which allows for the temporary suspension of state actions that could cause irreparable harm.

What Is Rule 39?

Rule 39 is applied in exceptional circumstances where there is a real and imminent risk to life, health, or fundamental rights. This includes deportation to countries where the applicant may face torture, the death penalty, or lack of access to essential medical care.

The Court reviews such requests on an expedited basis—often within hours or days. If interim measures are granted, the state is obliged to comply by halting the action in question, such as deportation or extradition.

Real-Life Examples of Successful Protection

🔹 D. v. The United Kingdom (1997) The Court applied Rule 39 to prevent the deportation of a seriously ill individual to a country where adequate medical treatment was unavailable. The deportation would have violated Article 3 of the Convention (prohibition of inhuman or degrading treatment).

🔹 Mamatkulov and Askarov v. Turkey (2005) Despite the Court’s interim measures, Turkey extradited the applicants to Uzbekistan, where they faced a serious risk of torture. The Court later found a violation of Article 34 (right to individual application), as the measures had been ignored.

🔹 O.D. v. Bulgaria (2020) Rule 39 was used to protect a transgender woman from deportation to a country where she would have faced discrimination and violence. This case set an important precedent for the protection of LGBTQ+ individuals.

Who Can Benefit from Rule 39?

This mechanism is particularly relevant for:

• Individuals facing deportation or extradition
• Refugees and asylum seekers
• LGBTQ+ persons at risk of persecution
• Children potentially returned to unsafe environments
• Patients with serious medical conditions

According to the Council of Europe, in 2021, approximately 60% of applications related to medical and LGBTQ+ cases were granted, demonstrating the Court’s responsiveness to contemporary human rights challenges.

How to Submit an Urgent Request

Human rights lawyers recommend the following steps:

1. Gather compelling evidence – medical reports, documentation of threats, witness statements.
2. Draft a clear and concise submission – specify which rights are at risk and why interim measures are necessary.
3. Send the request directly to the ECHR – via email, fax, or post, marked “Rule 39 Urgent.”

Note: Around 90% of requests are rejected due to insufficient justification or procedural errors. Legal support at this stage is crucial.

What If a State Fails to Comply?

If a state ignores the Court’s instruction—as in Nivette v. France—it is vital to:

• Contact international human rights organizations (e.g., Amnesty International, Human Rights Watch)
• Engage media and public advocacy
• Submit a follow-up complaint to the ECHR under Article 34

As international law expert Alexey Ivanov notes:

“The proactive role of lawyers and human rights defenders can be decisive in ensuring compliance with interim measures.”

Evolving Scope and Future Prospects

Rule 39 is increasingly applied beyond deportation cases, including situations involving discrimination, medical access, and child protection. This reflects its growing importance as a tool for real-time human rights defense.

To enhance its effectiveness, we recommend:

• Expanding training for legal professionals in international law
• Strengthening cooperation with domestic courts
• Raising awareness among vulnerable communities

Rule 39 is not just a procedural safeguard—it is a lifeline for those facing imminent danger. And it is the responsibility of human rights lawyers to turn that lifeline into action.

If you or your client are in urgent need of protection, our legal team is ready to assess the risks and prepare a Rule 39 application without delay. Contact us today—protection can begin now.

How Our Human Rights Lawyers Assist the Clients

Our firm, composed of international human rights lawyers and international defense lawyers, offers comprehensive services:

• Initial Consultation and Legal Analysis
• Development of an Individual Strategy
• Drafting and Filing of Complaints
• Representation During the Review Process
• Translation and Legalization of Documents

Our experience in assisting clients before UN bodies and the European Court ensures that each case is handled with utmost professionalism.

Contact Us

If your rights have been violated, do not face it alone.
Contact our Lawyer of Human Rights team to secure effective legal protection at the international level.

Iryna Berenstein

Associate Partner

Mrs. Berenstein is a distinguished and outstanding lawyer with profound experience and exceptional legal knowledge in the field of International Private Law, Financial Law, Corporate Law, investment regulation, Compliance, Data Protection, and Reputation Management.

Phone:

+35796447475

Email:

[email protected]

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